Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66676 of 2025 Arising Out of PS. Case No.-202 Year-2024 Thana- SARMERA District- Nalanda ====================================================== Guddu Kumar Son of Muso Yadav @ Sharvan Yadav Resident of Village - Chero, P.S.- Sarmera, District - Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash, Advocate For the Opposite Party/s :

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sarmera P.S. Case No. 202 of 2024 registered for the offences punishable under Section 309(4) of the BNS.

3. As per the prosecution story, the informant has alleged that on 06.09.2024 at around 10:00 PM, when he was returning home on his motorcycle, on the rural road near the bridge at Sarmera-Chero Road, three unknown individuals armed with pistols stopped him. Further, they threatened him and forced to get down thereafter, they robbed his mobile phone and his motorcycle bearing

Patna High Court CR. MISC. No.66676 of 2025(2) dt.17-09-2025 2/3 Registration No. BR21Y-5301 and fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely only on suspicion. As per F.I.R., when the informant was on his way to home, three unidentified miscreants stopped him and looted his Vivo mobile phone and motorcycle. Petitioner is not named in the F.I.R. rather his name has transpired in this case only on confessional statement of Co-accused namely Dilkush kumar and Sonu Kumar made before the police. Nothing incriminating nor anything has been recovered either from the possession or from the house of the petitioner. Till date, petitioner has not been put on T.I.P. nor the witness suspect the petitioner alleged loot of mobile and motorcycle of the informant. Petitioner is in custody since 12.07.2025.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail after framing of charge

Patna High Court CR. MISC. No.66676 of 2025(2) dt.17-09-2025 3/3 on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda in connection with Sarmera P.S. Case No. 202 of 2024 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court.

(ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T